Biden, Trump and the Court

How Both Presidents Have Altered the Federal Courts

President Biden did a victory lap last week when his administration announced that they confirmed their 80th federal judge, the most of any recent president in such a short amount of time.

Changing the makeup of the federal courts was obviously a major ambition of the Trump Administration, Mitch McConnell, and The Federalist Society. During his time in office, Trump filled 218 court appointments.

Federal courts have become proxy battles for policy over the last few decades — lower courts can slow a president’s agenda or in some cases fully reverse it. This goes beyond large issues like abortion and gun rights but also federal power regarding COVID mandates.

Since becoming president in January 2021, Biden has appointed 80 judges: 1 to the Supreme Court, 22 to the Federal Appeals Courts, and 57 to District Courts. Now there’s more time, and he’s likely to get a few more through the Senate before the end of the year. It’s possible that if Republicans take control of the Senate, they will slow the number of appointments and Biden won’t be able to appoint as many as Trump did before the 2024 presidential election.